Your Rights

Posted on January 12, 2010 admin

No Comment BOOKMARK

CIVIL RIGHTS

If you are detained, arrested, or questioned by an officer, you have the right to remain silent. You have the right to ask for an attorney before answering questions or signing any papers. Remember that lying to an officer is a crime and anything you say can be held against you.

If officers come to your home, you have the right to ask to see a warrant before letting them in. Officers are required by law to obtain a warrant prior to entering your home. The warrant should state what or who the search is for. If the officers do not have a warrant, you do not have to let them in. If they enter anyway, do not try to stop them. Simply state that they do not have your permission to enter and speak to an attorney as soon as possible.

If you are stopped while driving, you have the right to ask why you have been stopped. As the officer approaches, you should put your hands on the steering wheel where the officer can see them. The officer may ask you for your license, registration, and insurance information.You have the right to refuse to answer any questions. The officer does not have the right to search the car. If the officer does so anyway, do not try to stop them. Simply state that you have not given permission for the search and speak to an attorney as soon as possible.

If you are undocumented, you should ask to see an immigration judge. You should avoid signing any papers such as voluntary departure or deportation papers without seeing a judge or speaking to an attorney or your consulate.

WORK

You have the right to non-discrimination based on your national origin, race, color, sex, religion or disability. Your employer cannot require you to state your nationality. To report a case of labor discrimination, contact the California Department of Fair Employment and Housing or the U.S. Equal Employment Opportunity Office. To understand the process of filing a claim, contact the Employee Rights Center at 619.521.1372.

You have the right to a minimum wage, overtime pay, work breaks, healthy and safe working conditions and many more protections under state labor codes. All California workers are protected by the state’s Labor Codes. The minimum wage in California is now $7.50 per hour (does not apply to agricultural work). Everyone who works more than five hours has the right to a 30-minute lunch break and a 10-minute paid rest break every four hours. Everyone working in unhealthy or unsafe working conditions has a right to file a complaint with the Occupational Safety & Health Administration (OSHA). For more information about these labor codes contact the Employee Rights Center at 619.521.1372.

You have the right to participate in a union or collective bargaining. You have the right to self organization, to form, join or assist labor organizations to bargain collectively through representatives of their own choosing, and to engage in other concerted (group) activities for the purpose of collective bargaining or other mutual aid or protection and shall also have the right to refrain from any or all such activities. The National Labor Relations Act forbids employers to interfere with, restrain, or coerce employees in the exercise of the rights of the above rights. For more information about these rights contact the Employee Rights Center at 619.521.1372.

HOUSING

In California, you have a right to privacy when you rent. You do not have to state your nationality, provide evidence of your immigration status, or present a social security number to rent. Landlords who claim they need to know these things are violating the law. If a landlord threatens to report someone to immigration, they are intentionally discriminating against you and are in violation of the law.

You have the right to buy a home regardless of immigration status. Banks are not allowed to discriminate against applicants. An individual taxpayer identification number (TIN) can be used instead of a social security number. You can apply for a TIN through an accountant or tax preparer.

You have the right to non-discrimination based on your national origin and other factors. It is unlawful for a landlord or a seller to discriminate based on national origin, race, color, sex, religion, sexual orientation, marital status, ancestry, medical condition, source of income, age, or because the renter has children under 18. Victims of discrimination must file a complaint within one year and may be entitled to compensation. Complaints should be filed with the California Department of Fair Employment and Housing.

Everyone has the right to live without harassment and complain to your landlord. If your landlord refuses to follow the rental agreement, the renter has the right to break the rental agreement by moving out of the residence. It is very important to always make written agreements with a landlord. It is also important to make copies.

EDUCATION

All children in the United States have a right to an education regardless of immigration status. It is illegal for schools to ask for the immigration status of students. All children under the age of 16 must be enrolled in school. Parents are responsible for ensuring that their children attend.

Poor children have a right to free lunch regardless of immigration status. If one cannot afford it, the National School Lunch Program provides healthy food for school children.

All California residents have a right to pay in-state tuition at community colleges or universities. Under state law AB540, undocumented students can also pay in-state tuition if they attended high school here for 3 years or more, graduated from a California high school or passed the GED, and have filed an affidavit to legalize their immigration status, or will file an application to legalize their status as soon as possible.

HEALTH CARE

You have the right to emergency medical care regardless of immigration status. A medical emergency is a condition that could result in death if not treated quickly. Giving birth is considered an emergency.

Pregnant women have the right to prenatal care and they and their children have the right to nutrition programs regardless of their status. These programs are administered by WIC (Women, Infant, Children).

Some refugees and legal permanent residents have a right to government services. Refugees can access special programs for refugees by contacting the International Rescue Committee, Catholic Charities, or other agencies. Victims of torture in other countries can access mental health and other services by contacting Survivors of Torture. Legal permanent residents can access food stamps or Medicaid only if they have been here for more than ten years, or are under 18 or over 65.

Share on Facebook